Terminating an employment contract without notice is most often associated with disciplinary dismissal by an employer. However, labor law also provides for a specific procedure for terminating an employee's employment with immediate effect in situations where the employer has committed a serious breach of its fundamental obligations towards the employee.
Legal basis
Pursuant to Article 55 § 1[1] of the Labor Code, an employee may terminate an employment contract without notice if the employer has committed a serious breach of its fundamental obligations towards the employee. This is known as termination without notice due to the employer's fault.
What is a serious breach of an employer's obligations?
Not every misconduct by an employer justifies immediate termination of an employee's contract. Legislators use the concept of "serious misconduct," meaning that it must be particularly significant.
The examples most frequently cited in case law include:
- non-payment of remuneration or part thereof,
- violation of occupational health and safety regulations,
- mobbing or tolerating mobbing,
- violation of the dignity or other personal rights of the employee,
- employment discrimination.
Form and deadline for submitting the declaration
Termination of the contract in this manner must be made in writing. However, if this form is not observed and the declaration is submitted, for example, by email, it will still be effective. In the declaration, the employee should indicate the specific reason justifying the termination.
Importantly, the employee has a limited time to exercise this right - the declaration should be submitted within 1 month from the date on which the employee learned about the circumstances justifying the termination of the contract.
Worker's compensation
If an employee terminates their employment contract under this procedure, they are entitled to compensation equal to their salary for the notice period. In the case of termination of a fixed-term employment contract, they are entitled to compensation equal to their salary for the period for which the contract was to last, but not more than the notice period.
Risk to the employee
The decision to terminate a contract immediately should be carefully considered. If the reason provided by the employee proves unjustified, the employer may seek compensation from the employee.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of April 23, 2026.
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